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Ria Nath Puri (Administrator)     31 January 2010

NA Land Transfer

My grandfather had an 25 acre land in Goa. He was called Shridhar in the official records while he was having a completely different name in Mumbai where he came to work. Why or how he changed his name is still unknown to us. Though he retained his family ties in Goa.

From then his name as Atul in Mumbai is common in all his bills and government official records. When he died 5 years back the Government officers in Goa refused to accept the death certificate in the name of Atul for Shridhar.

The NA land is vacant and cannot be transferred until we give them the Death certificate for Shridhar.

How do we go about it?

Also there are 6 brothers and 2 sisters who are the lawfully begotten children of Shridhar. One wants to sell the land while the other wants to construct a house to stay. The rest are completely not interested till someone makes a move.

What can be done? Can the land be divided in equal parts and can the brother sell his part to an outsider? Or first offer it to his own brother? Can the brother who wants to construct a house do it in his part of the land? What permissions are required?

 



 3 Replies

R.R. KRISHNAA (Legal Manager)     31 January 2010

The remedy lies for you before the civil court to file a suit for declaration to declare that your grandfather Mr. Shridhar was also known as Atul and also consequently seek direction to be issued to the goa officials to issue a death certificate in your favour in the name of Shridhar.  You can use the judgment obtained in the above case, to effect name change of your grandfather in all government records and also to transfer the lands in anybody's name you wish.

 

Regarding your other queries, an written partition deed can be effected between all the legal heirs (children) of Mr. Shridhar and divide the property with equal shares.  After such partition, any legal heir may construct house or do away anything on his/her share.  If there is no consensus among the legal heirs for partition or in case of any difference of opinion, anyone of the legal heirs may file a suit for partition before the court seeking partition of the property, claiming his respective share.

Ria Nath Puri (Administrator)     31 January 2010

Thanks You Sir, I shall proceed with the directions provided by you at the earliest.

Thanking you again.

 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 January 2010

I also have same opinion as of Ramesh


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